Body & Soul0 min ago
At a preliminary Magistrate court hearing can the judge decide not to proceed?
I was summons to court by the CPS after I gave a statement to the police about a GBH incident (read my others posts if you want the full story).
My question is at a preliminary Magistrate court hearing can the judge decide not to proceed on insufficient evidence?
The CPS are trying to prosecute me although the police never arrested me on the charge. I can only assume the police thought there was insufficient evidence to arrest me but the CPS think there is enough to find me guilty! Surely the police know better, they took all the evidence!
My question is at a preliminary Magistrate court hearing can the judge decide not to proceed on insufficient evidence?
The CPS are trying to prosecute me although the police never arrested me on the charge. I can only assume the police thought there was insufficient evidence to arrest me but the CPS think there is enough to find me guilty! Surely the police know better, they took all the evidence!
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[Part Two]
It is important to understand that the Magistrates will not be considering the validity or admissibility of the evidence at this stage and they will not be considering whether there is sufficient evidence against you for the case to proceed. They are simply concerned with deciding the venue for the trial and this is solely dependent on the seriousness of the offence as described by the prosecution.
Only when it reaches a later stage (either at the Crown Court or back at the Magistrates’ Court) will the evidence against you be considered, and only then does the possibility arise that the case may be discontinued because of lack of evidence. Even then, and most certainly if the trial is heard in the Magistrates’ Court, you (or your legal representative) cannot suggest that there is “no case to answer” until the prosecution evidence has been put to the Court. In the Crown Court the judge has some discretion to consider the evidence before the matter is put to the jury but he will not normally order the matter to be discontinued until the prosecution’s evidence has been heard.
Hope this helps.
It is important to understand that the Magistrates will not be considering the validity or admissibility of the evidence at this stage and they will not be considering whether there is sufficient evidence against you for the case to proceed. They are simply concerned with deciding the venue for the trial and this is solely dependent on the seriousness of the offence as described by the prosecution.
Only when it reaches a later stage (either at the Crown Court or back at the Magistrates’ Court) will the evidence against you be considered, and only then does the possibility arise that the case may be discontinued because of lack of evidence. Even then, and most certainly if the trial is heard in the Magistrates’ Court, you (or your legal representative) cannot suggest that there is “no case to answer” until the prosecution evidence has been put to the Court. In the Crown Court the judge has some discretion to consider the evidence before the matter is put to the jury but he will not normally order the matter to be discontinued until the prosecution’s evidence has been heard.
Hope this helps.
Thanks new judge.
Basically I have to wait a fair bit longer until this is finally sorted, my solicitor is fairly certain it will stay in the magistrate court. There is the possibility the witness may retract his statement when he finds out he will have to go to court and lie! Is it possible the CPS are scare mongering, bringing me court in the hope I change my plea to guilty?
Basically I have to wait a fair bit longer until this is finally sorted, my solicitor is fairly certain it will stay in the magistrate court. There is the possibility the witness may retract his statement when he finds out he will have to go to court and lie! Is it possible the CPS are scare mongering, bringing me court in the hope I change my plea to guilty?
Hi Mike (soory to butt-in)
"Is it possible the CPS are scare mongering, bringing me court in the hope I change my plea to guilty?." No. The Police and CPS are acting on what they have been told by the 'witness/es. You dispute the allegation and it is the courts that decide etc etc. Without wishing to worry you, Sec 20 is a serious offence and it is only right that a court listens to ALL the facts, yours included.
Out of interest, does your defence team consider Magistrates court is the best place for this trial?? "... my solicitor is fairly certain it will stay in the magistrate court. .."
"Is it possible the CPS are scare mongering, bringing me court in the hope I change my plea to guilty?." No. The Police and CPS are acting on what they have been told by the 'witness/es. You dispute the allegation and it is the courts that decide etc etc. Without wishing to worry you, Sec 20 is a serious offence and it is only right that a court listens to ALL the facts, yours included.
Out of interest, does your defence team consider Magistrates court is the best place for this trial?? "... my solicitor is fairly certain it will stay in the magistrate court. .."
My solicitor said that we will be given the choice of whether to stay in magistrate court or go to crown court and she said that she will be recommending it stays in magistrate because the sentencing is more lenient.
She also said the case against me is very weak and she wouldn't be worrying about it (but thats easy for her to say). If it was weak then the CPS wouldn't be taking me to court.
She also said the case against me is very weak and she wouldn't be worrying about it (but thats easy for her to say). If it was weak then the CPS wouldn't be taking me to court.
Auntie-Mimi i hear what your saying but its still a gamble, if i was found guilty at crown and was put away for 6 months my girlfriend would be swamped in debt. I won't risk that. Although there is more chance of being found not guilty at crown i also hope i will be found not guilty at magisrate!
society, don't understand your questions.
society, don't understand your questions.
You realise of course that if you're found guilty at the magistrates they can then send you to crown for sentencing anyway if they felt you deserved custody beyond their limits (they can give you up to1 years custody), Of course the choice is yours, you've been given sound advice/information by a couple of posters on here.
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